1 | | - | H.B. No. 2566 |
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| 1 | + | By: Dominguez (Senate Sponsor - Lucio) H.B. No. 2566 |
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| 2 | + | (In the Senate - Received from the House May 6, 2019; |
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| 3 | + | May 8, 2019, read first time and referred to Committee on Health & |
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| 4 | + | Human Services; May 16, 2019, reported favorably by the following |
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| 5 | + | vote: Yeas 8, Nays 1; May 16, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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4 | 10 | | AN ACT |
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5 | 11 | | relating to the authority of certain counties to regulate litter |
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6 | 12 | | and mosquito control. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Subchapter Z, Chapter 240, Local Government |
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9 | 15 | | Code, is amended by adding Section 240.910 to read as follows: |
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10 | 16 | | Sec. 240.910. REGULATION OF LITTER AND MOSQUITO CONTROL IN |
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11 | 17 | | CERTAIN COUNTIES. (a) This section applies only to a county |
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12 | 18 | | located on an international border and adjacent to the Gulf of |
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13 | 19 | | Mexico. |
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14 | 20 | | (b) In this section: |
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15 | 21 | | (1) "Illegally dumped litter" means litter dumped |
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16 | 22 | | anywhere other than in an approved solid waste site, as defined by |
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17 | 23 | | Section 365.011, Health and Safety Code. |
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18 | 24 | | (2) "Litter" has the meaning assigned by Section |
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19 | 25 | | 365.011, Health and Safety Code. |
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20 | 26 | | (c) In addition to the authority granted under Section |
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21 | 27 | | 365.017, Health and Safety Code, the commissioners court of a |
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22 | 28 | | county may adopt and enforce orders to: |
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23 | 29 | | (1) control the disposal of litter and the removal of |
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24 | 30 | | illegally dumped litter from public or private property; and |
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25 | 31 | | (2) regulate the storage or abandonment of property, |
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26 | 32 | | including tires and appliances, on public or private property that |
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27 | 33 | | creates a nuisance or habitat conducive to mosquito breeding. |
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28 | 34 | | (d) An order adopted under this section: |
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29 | 35 | | (1) applies only to the unincorporated area of the |
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30 | 36 | | county; |
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31 | 37 | | (2) may require the record property owner to pay for |
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32 | 38 | | the cost of enforcing the order on the property owner's land if the |
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33 | 39 | | commissioners court gives the property owner 30 days' written |
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34 | 40 | | notice of the enforcement action; and |
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35 | 41 | | (3) may not regulate manufactured or industrialized |
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36 | 42 | | housing constructed to state or federal building standards in a |
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37 | 43 | | manner that is different from regulation of site-built housing. |
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38 | 44 | | (e) This section does not authorize the adoption of: |
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39 | 45 | | (1) zoning regulations not otherwise authorized under |
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40 | 46 | | Chapter 231; or |
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41 | 47 | | (2) building regulations not otherwise authorized |
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42 | 48 | | under Chapter 233. |
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43 | 49 | | SECTION 2. This Act takes effect immediately if it receives |
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44 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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45 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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46 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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47 | 53 | | Act takes effect September 1, 2019. |
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48 | | - | ______________________________ ______________________________ |
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49 | | - | President of the Senate Speaker of the House |
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50 | | - | I certify that H.B. No. 2566 was passed by the House on May 3, |
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51 | | - | 2019, by the following vote: Yeas 126, Nays 14, 2 present, not |
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52 | | - | voting. |
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53 | | - | ______________________________ |
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54 | | - | Chief Clerk of the House |
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55 | | - | I certify that H.B. No. 2566 was passed by the Senate on May |
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56 | | - | 17, 2019, by the following vote: Yeas 24, Nays 7. |
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57 | | - | ______________________________ |
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58 | | - | Secretary of the Senate |
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59 | | - | APPROVED: _____________________ |
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60 | | - | Date |
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61 | | - | _____________________ |
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62 | | - | Governor |
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| 54 | + | * * * * * |
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